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Was on short term disability gave my paperwork when I can…

Hi was on short...

Hi was on short term disability gave my paperwork when I can return boss stated that he doesn't want a relapse of my cancer

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

It's a small business he's the owner. His daughter also stated we have to negotiate the return date too.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I worked there for 10 years unfortunately I was diagnosed with ovarian cancer at the drs office and was rushed to the hospital ER. During my time he stated to my husband he was losing money because I was not at work. Any texts regarding work I answered, but the comments about my cancer is upsetting since it was a good prognosis too and required no chemotherapy

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Answered in 50 minutes by:
6/3/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am so sorry you are experiencing this situation but am glad of your prognosis. It is incredibly unfortunate that your employer and his daughter have made the comments they have and now appear to view you as a liability. It also sounds like it is a small business and may not be subject to some of the more stringent anti-discrimination laws (which typically require at least 15 employees). That said, if the business does have 15 employees you should be protected by the Americans with Disabilities Act, though your medical condition is hopefully temporary, it can still qualify you for protections. In addition, as a valuable employee, hopefully when you return your employer will realize that having an experienced person return to do your job is less costly than the productivity he may claim he lost while you were undergoing treatment. It is usually much more costly to fire a good employee and have to hire and train someone new than to have the employee absent for some period. As an at will employee, however, and if the employer does not have enough employees to provide protection against discrimination for your medical condition, you unfortunately may not have much legal protection unless your state law provides something above and beyond federal legal protections.

It may be worth discussing that the comments were hurtful, that you expect to return to normal and that you appreciate their consideration of this frightening, unexpected and difficult time. If they do take any action that results in your not being able to return to work, it may be worth contacting your state's labor department to inquire if a complaint is prudent; hopefully it will not come to that.

I wish I had more clearly good news for you, but hope this information helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
Thank you. I'm in New York.. he did ask if I would need days off etc. I was told by someone else who went on Medical not from the same company they can not ask anything regarding my medical condition is this true? With the doctors clearance can they renegotiate the date of return?

If they were big enough to be subject to FMLA, which it sounds they are not, there would be some information about your medical condition they could get. And, if your medical condition required you to be on disability they can require a medical certification that you are medically able to return, but they are not entitled to the details. of your condition, treatment, etc. And, New York has some of the best protections for leave and job security due to medical conditions. If you do not get to return when ready to your job, you may want to consult with a local attorney to help you get whatever protections you are entitled to. If your doctor has cleared you to return, you should be able to return. I do not see on what basis there would be any "renegotiation."

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Customer reply replied 2 months ago
ThAnk you so much. This entire situation has changed me I was 49 when diagnosed with ovarian cancer a few days later was my birthday 50. So I'm telling everyone to get their test . It was quick and rapid. Just telling everyone to get checked out. It was quick one month I blew up.
Thank you again and have a great week

You are very welcome and take care of yourself!

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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